Loading...
HomeMy WebLinkAboutOrd 04-96 SubdivisionsORDINANCE NO. 4- 96 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CERTAIN CHAPTERS OF TITLE 9 OF THE DUBLIN MUNICIPAL CODE RELATIVE TO SUBDIVISIONS The City Council of the City of Dublin does ordain as follows: Section 1. Chapter 9.04 Section 9.04.040 Subsection B. of the Dublin Municipal Code shall be amended to read as follows: The City Engineer or his or her designated representative, as specified in the Subdivision Map Act, is responsible for determining if proposed subdivisions comply with provisions of the Subdivision Map Act and this chapter, reporting whether the proposed improvements are consistent with the design and improvement standards specified or referred to in this chapter, for the inspection and ultimate approval of all such improvements, and for making recommendations on the granting of variances under Section 9.12.110. Section 2. follows: Chapter 9.04 Section 9.04.050 of the Dublin Municipal Code shall be amended to read as A. No real property, or portion thereof, shown on the latest equalized county assessment roll as aunit or contiguous units and lying wholly or partially within the City of Dublin shall be divided into two or more parcels for the purpose of sale, lease or financing, whether immediate or future, unless prior thereto a tentative map is acted upon and a final map or parcel map has been filed in accordance with the provisions of this title, except (1) for the cases of subdivision for which the advisory agency waives the requirement for filing a parcel map based on the findings: (a) that the proposed subdivision complies with requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this chapter; (b) that waiving the parcel map will not be materially detrimental to the public welfare; and (c) that filing of a parcel map would impose an unusual hardship to the subdivider; and (d) all adopted ultimate road right-of-way fronting or through the parcels has been dedicated to or purchased by the city; or except (2) for cases of subdivision for either of the following: (a) The subdivision is of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code, which is created by short-term leases (terminable by either party upon thirty days' written notice); or (b) Land conveyed (including a fee interest; an easement, or a license) to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for fights-of-way, unless a showing is made in individual cases, based upon substantial evidence, that public policy necessitates a parcel map. B. The City Engineer may waive the requirement of a parcel map, tentative map, or final map for a lot line adjustment provided that: (1) no additional parcels or building sites have been created; (2) the adjustment does not create the potential to further divide the parcels into more parcels than would have been otherwise possible; and (3) there are no resulting violations of the Dublin Municipal Code. C. A tentative map is required but no parcel map or final map is required for the following cases of subdivision: 1. The subdivision results in parcels that each are of an area of forty (40) acres or more or are quarter-quarter sections; 2. The subdivision is for the purpose of leasing commercially or industrially zoned land for a period not exceeding five (5) years; 3. The subdivision is for conveyance of land to a public agency or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a parcel map. 4. The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the Dublin Municipal Code or the Dublin City Council. 5. Each parcel created by the division has a gross area of twenty (20) or more acres and has approved access to a maintained public street or highway. 6. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the City as to street alignments and widths. 7. Until January 1, 2003, the land being subdivided is solely for the creation of an environmental subdivision. D. No person shall sell or lease or contract to sell or lease any subdivision, or any part thereof, until a final map or parcel map thereof in full compliance with the provisions of this title has been filed in the office of the Recorder of Alameda County, except for the cases listed in subsection B of this section for which onlya tentative map need be acted upon. Any deed of conveyance, sale or contract to sell made contrary to the provisions of this title is voidable to the extent allowable and in the same manner provided for violation of the of the Subdivision Map Act. F. Any sale, contract to sell, or deed of conveyance made contrary to the provisions of this title is a misdemeanor and is punishable by a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000), or imprisonment in the county jail for a period of not more than six (6) months, or both. Go At such time as the Building Official becomes aware of a land division in violation of the provisions of this title, he shall record a notice of intention to record a notice of such violation in the office of the County Recorder of Alameda County, describing the land so divided, naming the owners thereof, 2 and describing the violation, and stating that an opportunity will be given to the owner to present evidence. A copy of such notice will be mailed to the owner. The notice shall specify a time, date, and place at which the owner may present evidence to the advisory agency why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, the Building Official shall record a release of the notice of intention to record a notice of violation. If, however, after the owner has presented evidence, the advisory agency determines that the property has in fact been illegally divided, or if within sixty (60) days of receipt of such copy the owner fails to inform the local agency of his objection to recording the notice of violation, a notice of violation shall be recorded with the County Recorder. The notice of intention to record a notice of violation and the notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. The County Recorder shall index the names of the fee owners in the general index. Nothing in this section shall be deemed to require such recording as a condition precedented to the enforceability of any other provision of this chapter. H. Pursuant to the request of any person owning the real property, or purchasers of the property under a contract of sale, the Planning Director and City Engineer, upon the determination that the property complies with provisions of the Subdivision Map Act and this chapter, shall record a certificate of compliance. If the property does not comply, conditions may be applied as would have been applicable to the subdivision creating the property. Upon applying such conditions, the Planning Director shall record a conditional certificate of compliance. Such certificate shall serve as notice to the property owner or vendee who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with such conditions is not required until such time as a permit or other grant of approval for development of such property is issued by the local agency. I. Neither the approval nor conditional approval of any tentative map shall constitute or waive compliance with any other applicable provision of the Dublin Municipal Code, nor shall any such approval authorize or be deemed to authorize a violation or failure to comply with other applicable provisions of said code. Section 3. follows: Chapter 9.04 Section 9.04.060 of the Dublin Municipal Code shall be amended to read as All words and terms used in this title shall have the same meaning as defined in the Subdivision Map Act, except as expressly defined in this section. "Developable acreage" means the acreage that is being developed as part of the subdivision in question as shown on the approved tentative map. It shall include the areas lotted for residential uses or non-residential uses, as applicable, including streets, but does not include open space parcels such as creeks, ridgelines, and other areas not allowed to be built upon by the general plan or other city policies. "Map" means either parcel map or final map. "Subdivider" means a person, firm, corporation, partnership, or association, who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers." "Vesting tentative map" means a "tentative map" for a residential or non-residential subdivision, as defined in this title, that shall have printed conspicuously on its face the words "Vested Tentative Map" at the time it is filed in accordance with Section 9.40-040, and is thereafter processed in accordance with the provisions hereof. Section 4. Chapter 9.06 Environmental Subdivisions shall be added as follows: Chapter 9.06 ENVIRONMENTAL SUBDIVISIONS Sections: 9.06.010 9.06.020 9.06.030 9.06.040 9.06.050 Environmental Subdivision Defined. Findings of Approval. Restrictions on Conditions of Approval. Circumstances Permitting Abandonment. Application Only Upon Request. 9.06.010 Environmental Subdivision Defined. "Environmental subdivision" means a subdivision of land pursuant to this chapter for biotic and wildlife purposes that meets all of the conditions specified in section 9.06.020. 9.06.020 Findings of Approval. Prior to approving or conditionally approving an environmental subdivision, the City shall find each of the following: A. That factual biotic or wildlife data' or both, are or will be available to the City approving the environmental subdivision to support the application for approval. B. That provisions have been made for the perpetual maintenance of the property as a biotic or wildlife habitat, or both, in accordance with the conditions specified by any local, state, or federal agency requiring mitigation. C. That an easement has been recorded in the county in which the land is located to ensure compliance with the conditions specified by any local, state, or federal agency requiring the mitigation. The easement shall contain a covenant with a county, city, or nonprofit organization running with the land in perpetuity, that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument. This reservation shall be not inconsistent with the purposes of this chapter and shall not be incompatible with maintaining and preserving the biotic or wildlife character, or both, of the land. D. The real property is at least twenty (20) acres in size, or it is less than twenty (20) acres in size, but is contiguous to other land that would also qualify as an environmental subdivision and the total combined acreage would be twenty (20) acres or more. 9.06.030 Restrictions on Conditions of Approval. Any improvement, dedication, or design required by the City as a condition of approval of an environmental subdivision shall be solely for the purposes of ensuring compliance with the conditions required by the local, state, or federal agency requiring the mitigation. 9.06.040 Circumstances Permitting Abandonment. A. After recordation of an environmental subdivision, a subdivider may only abandon an environmental subdivision by reversion to acreage if the City finds that all of the following conditions exist: 1, None of the parcels created by the environmental subdivision has been sold or exchanged. 2. None of the parcels is being used, set aside, or required for mitigation purposes pursuant to this section. 3. Upon abandonment and reversion to acreage pursuant to this subdivision, the easement for biotic and wildlife purposes is extinguished. B. If the environmental subdivision is abandoned and reverts to acreage pursuant to subdivision (A), all local, state, and federal requirements shall apply. 9.06.050 Application Only Upon Request. The section shall apply only upon the written request of the landowner at the time the land is divided. This section is not intended to limit or preclude subdivision by other lawful means for the mitigation of impacts to the environment, or of the land devoted to these purposes, or to require the division of land for these purposes. 9.06.060 Sunset Date. This Chapter shall terminate on December 31, 2002, pursuant to Government Code Section 66418 (g). Section 5. follows: Chapter 9.08 Section 9.08.050 of the Dublin Municipal Code shall be amended to read as For any subdivision into five (5) or more lots and, when required by the advisory agency, for any other subdivision, the tentative map submittal shall include, when required by the City Engineer: A. A preliminary grading plan prepared by a civil engineer registered by the State of California; B. A preliminary soils investigation report prepared by a soils engineer who is a civil engineer registered by the State of California. This report shall be submitted to the City Engineer, or his or her designated representative, for review (all references hereafter to the City Engineer shall also include his or her designated representative). The City Engineer may review the report and may require additional information or may reject the report if it is found to be incomplete, inaccurate, or unsatisfactory. Said data and material shall be consistent with requirements and specifications of the Dublin grading ordinance. Additional reports and data may be required by the Planning Director when deemed necessary due to scale of the proposed subdivision or presence of potential hazardous or environmentally sensitive conditions; C. A report evaluating the geological conditions present, prepared by a geologist certified in engineering geology by the State of California. D. A "will serve" letter from the agency proposed to provide sewer and water service to the proposed subdivision indicating and committing that sewer and water service connections and service can be placed on the proposed subdivision. Section 6. Chapter 9.16 Section 9.16.110 Subsection A. of the Dublin Municipal Code shall be amended to read as follows: A. Asa condition of approval of a tentative map, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public. When the City imposes such a requirement, the City shall, subject to the provisions of Sections 66486 and 66487 of the Subdivision Map Act, enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements. Section 7. Chapter 9.20 Section 9.20.080 of the Dublin Municipal Code shall be deleted. SeCtion 8. follows: ChaPter 9.24 Section 9.24.090 of the Dublin Municipal Code shall be amended to read as 9.24.090 Lettering. All lettering on the map shall be a minimum of one-eighth inch (1/8") in height, unless done in tYpe, then lettering shall be a minimum of one-tenth inch (1/10") in height, and of such shape and weight as to be readily legible on prints and microfilm reproductions. Minimum pen size shall be "0" Section 9. Chapter 9.24 Section 9.24.150 SubSection E. of the Dublin Municipal Code shall be amended to read as follows: E. Plans, cross sections, profiles and specifications of the street improvements, grading, drainage facilities, water, water recycling and sanitary sewer improvements, and erosion and siltation control measures or structures and such drawings and specifications as the City Engineer may require. The plans and drawings shall be drawn to a scale not to exceed one inch (1") equal forty feet (40') horizontal and one inch (1") equal four feet (4') vertical, unless prior approval is granted by the City Engineer. Plans and drawings shall be in the form specified by the City Engineer and shall be signed-by a registered civil engineer. Section 10. follows: Chapter 9.24 Section 9.24.230 of the Dublin Municipal Code shall be amended to read as 9.24.230 Certification of Correction. A certificate of correction may be used to: (1) correct an error in any course or distance; (2) to show any course or distance that was omitted. (3) correct an error in the description of real property; (4) indicate monuments set after the death, disability, retirement from practice, or replacement of the engineer or surveyor charged with the responsibility for setting monuments; (5) show the proper location or character of any monument which has been changed in location or character originally shown at the wrong location or incorrectly as to its character; and/or (6) correct any other type of error or omission as approved by the City Engineer, which does not affect any property right, The certificate of correction shall be upon a form approved by the City Engineer. Section 11. follows: Chapter 9.24 Section 9.24.260 of the Dublin Municipal Code shall be added to read as 9.24.260 Parcel Mergers - Not Required. Two (2) or more contiguous parcels or units of land which have been subdiVided under the provisions of this Title 9 or the Subdivision Map Act shall not merge by virtue of the fact that such contiguous parcels are held by the same ownership. Section 12. Chapter 9.24 Section 9.24.270 of the Dublin Municipal Code shall be added as follows: 9.24.270 Parcel Mergers - Required, If any one of two (2) or more contiguous parcels or units of land held by the same owner does not conform to existing zoning regulations so as not to permit its development, and at least one (1) of the parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, then such parcels may be merged by complying with all applicable provisions of the Subdivision Map Act. Section 13. Subsections A., B., and C. of Section 9.28.030 of Chapter 9.28 of the Dublin Municipal Code shall be amended to read as follows: 9.28.030 Limitations. A. The land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities bearing a reasonable relationship to use by future residents of the subdivision. B. The City of Dublin shall develop a'schedule specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities to serve the residents of the subdivision in a manner consistent with the limitations of this chapter and the state Subdivision Map Act. Any fees collected under the title shall be committed within five (5) years after the payment of such fees or the issuance of building permits on one-half (1/2) of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they, without any deductions, shall be distributed and paid to the then recorded owners of the subdivision in the same proportion as it was collected. C. Park and recreational facilities shall be in accord with principles and standards of the park and recreation element of the City of Dublin General Plan and the City of Dublin Parks and Recreation Master Plan. Section 14. follows: Chapter 9.36 Section 9.36.080 of the Dublin Municipal Code shall be amended to read as 9.36.080 Reasonable methods for mitigating conditions of overcrowding defined. "Reasonable methods for mitigation conditions of overcrowding" include, but are not limited to, agreements between a subdivider or builder and the affected school district whereby temporary-use buildings will be leased to the school district or temporary-use buildings owned by the school district will be used, and agreements between the affected school district and other school districts whereby the affected school district agrees to lease or purchase surplus or underutilized school facilities from another school district. The City Council may establish by resolution additional methods for mitigating conditions of overcrowding which should be considered by school districts. Section 15. as follows: Chapter 9.36, Section 9.36.110 (E) of the Dublin Municipal Code shall be amended to read "All information required by Chapter 4.7 and such other information as may be required by City Council resolution." (Ord. 1-91 § 1 (8-9.10) Section 16. follows: Chapter 9.36, Section 9.36.120 of the Dublin Municipal Code shall be amended to read as "After the receipt of any notice of finding complying with the requirement of Section 9.36.110, the City Council shall determine whether it concurs in such school district findings. The Council shall schedule and hold a public hearing on the matter of its proposed concurrence prior to making its determination within the time periods specified in Chapter 4.7." (Ord. 1-91 § 8-9.11) Section 17. follows: Chapter 9.36 Section 9.36.140 of the Dublin Municipal Code shall be amended to read as 9.36.140 School district schedule. Following the concurrence and decision by the City to require the dedication of land or the payment of fees, or both, or to increase the amount of land to be dedicated or the fees to be paid, or both, for an attendance area, the governing body of the involved school district shall submit a schedule specifying how it will use the land or fees, or both, to solve the conditions of overcrOwding. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the City Council and the reasons for the modification. Section 18. follows: Chapter 9.40 Section 9.40.040 of the Dublin Municipal Code shall be amended to read as 9.40.040 Filing and processing. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this title for a tentative map, except that at the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map." Additionally, the City Engineer may require more information to permit the City to make a determination whether an environmental impact report or a negative declaration is needed. Section 19. follows: Chapter 9.40 Section 9.40.090 of the Dublin Municipal Code shall be amended to read as 9.40.090 Applications inconsistent with current policies. Notwithstanding any provision of this title, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies and standards described in Sections 9.40.070 A. and 9.40.080, and the City may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. Section 20. follows: Chapter 9.40 Section 9.40.100 Amendment to Vesting Tentative Map shall be added as 9.40.100 Amendment to Vesting Tentative Map. If the ordinances, policies, or standards described in Section 9.40.070 A. are changed subsequent to the approval or conditional approval of a vesting tentative map, the subdivider, at any time prior to the expiration of the vesting tentative map pursuant to Section 9.40.070 C., may apply for an amendment to the vesting tentative map to secure a vested right to proceed with the changed ordinances, policies, or standards. An application shall clearly specify the changed ordinances, policies, or standard for which the amendment is sought. Section 21. EFFECTIVE DATE AND POSTING OF ORDINANCE: This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED, AND ADOPTED this 12th day of March, 1996 AYES: Councilmembers Barnes, Burton, Howard and Mayor Houston NOES: None~ ABSENT: Councilmember Moffatt ABSTAIN: None Mayor K2 /g/mar- 9 6/o r dsu b dv. doc